Terms of Use

Welcome to AcuBoston! These Terms of Use (the “Terms”) govern the use of our web-based clinic management and use of our websites, applications, features, products, resources, or services provided, owned or operated or made available by us (the “Services”).

Please take a moment to read these Terms carefully before using any of the Services. These Terms are a legal contract between AcuBoston, Inc. (“AcuBoston” or “we” or “us” or “our”) and each person who uses the Services. If you are entering into these Terms on behalf of a company, organization or another legal entity, you are agreeing to these Terms for that entity and representing to AcuBoston that you have the authority to bind such entity to these Terms.

In these Terms, we use the words “you” and “your” to refer to any user of our Services (such as an individual browsing or using our websites and resources) who accepts these Terms. We use the word “Patient” to refer to any individual that interacts with AcuBoston clinic management platform to book the services.

ACCEPTANCE
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY NOTICE. If you cannot enter into this agreement (for reasons such as not being authorized to do so on behalf of an entity, or not being over the age of majority), or do not want to accept these Terms, you should not access our site or the Services. These Terms may be updated or amended from time to time.

Arbitration Notice

You agree that disputes between you and us will be resolved by binding, individual arbitration.

Notice to Patients

If you are a Patient, we collect your Patient information, including your contact information, billing details and Patient records. For information about how your Patient information is collected in connection with our clinic management platform, see our Privacy Notice.

Security

Safeguards. AcuBoston and its data processor (Jane Software, Inc.) have established and are maintaining an information security program that is in line with industry standards and is reasonably designed through administrative, physical and technical safeguards to: (i) protect the security and confidentiality of Patient Data; and (ii) ensure the proper disposal of Patient Data. These program safeguards include, but are not limited to, security policies and training for our personnel, access controls, security certifications and practices for data centers, PCI-compliant payment processors and encryption.

Security Breach. Our data processor (Jane, Software, Inc.) will notify us and we, in turn, would notify our Patients without undue delay if we determine that the security of the Services has been breached and if this results in the Patient Data being accessed by or disclosed to an individual or entity that is not authorized to access or receive such information. We will report to the affected Patients on the corrective action being taken in response to such security breach and will reasonably cooperate with Patients in mitigating the effects of any lost or compromised Patient Data.

Data Retention Policy

For patients of our clinic, our clinic management platform is designed to retain, protect and preserve the integrity of Patient Data and to assist with regulatory and compliance obligations around patient records. As a result, we will not delete or destroy Patient Data unless there is either a legal or regulatory requirement to do so, or, we receive a request for deletion / destruction from the Patient and we are permitted by law to delete / destroy such Patient Data.

After Termination. When you are no longer our Patient, your Patient data is deactivated but will be retained for a period of time as determined by AcuBoston in its discretion (and as permitted by law) in the event the Patient wishes to re-activate our Services. We will store Patient Data securely and isolate it from any further processing while it is deactivated.

Patients may Contact Us with questions about their Patient Data. Please note that, in order to maintain strict security of Patient Data, we cannot take instructions from anyone other than the Patient identified in our records.

Legal Limits

Disclaimer. We want to provide great Services; however, there are certain things about the Services that we cannot promise. For example, AcuBoston, Inc. cannot promise, and does not represent or warrant that:

• The Services will meet your specific needs or requirements;
• The Services will be uninterrupted, timely, 100% secure or free from errors, viruses or other defects; or
• Information provided through the Services will be accurate, timely, complete or reliable.

YOU UNDERSTAND AND AGREE THAT: (A) EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY AND THAT USE OF THE SERVICES IS AT YOUR SOLE RISK; AND (B) ACUBOSTON, INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF EITHER OF US UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNT YOU PAID TO ACUBOSTON, INC. FOR USE OF THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM, OR THIRTY DOLLARS ($30) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATION TO ACUBOSTON, INC.

NO INDIRECT OR CONSEQUENTIAL DAMAGES. REGARDLESS OF THE ABOVE, NEITHER OF US WILL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, SUCH AS LOST REVENUE OR BUSINESS INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY DEPENDING ON WHERE YOU LIVE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices, Governing Law and Disputes

Disputes. In the event of a dispute, we both agree to try to settle the dispute through consultation and negotiation in good faith and a spirit of mutual cooperation. We may also agree to use some form of non-binding alternative dispute resolution, such as mediation.

If you are a resident in any jurisdiction in which the provisions of this section are found to be unenforceable, then any disputes, claims of causes of action arising out of or in connection with these Terms will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil court in your jurisdiction of residence. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or these Terms must be filed within six months (6) after such claim or cause of action arose or shall be forever banned.

Disclosure and Consent to Electronic Communications. You understand and agree that you are entering into these Terms electronically and that certain categories of information (“Communications”) may be provided by AcuBoston, Inc. to you by electronic means (e.g., via email, through the Service by displaying links to notices generally on the website, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:

• these Terms and any amendments, modifications, or supplements;
• records of bookings, payments and other transactions through the Services;
• disclosures or notices provided in connection with the Services, including any which we may be required to give under law (such as privacy notices, opt-out notices, and change-in-terms notices);
• customer service communications; and
• any other communication related to the Services.

All Communications in either electronic or paper format (if we choose to do so) will be considered to be “in writing.” You should print a paper copy of these Terms and any Communications that are important to you and retain the copy for your records. By agreeing to the Terms, you are also agreeing to receive all documents, communications, notices, contracts, and agreements relating to your access and use of the Services electronically. If you do not wish to receive these Terms or the Communications electronically, you may not access or use the Services.

If you are our Patient and you wish to withdraw your consent to have Communications provided electronically, you must contact us, and stop accessing and using the Services. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal and only after all amounts payable to us from you, if any, have been received by us.

Contact Us

If you have any questions regarding the Services or these Terms, please contact us at:hello@acuboston.com. We will make every effort to answer your questions.